How to file a complaint against traffic police officers to the prosecutor's office: sample

Regulations for the actions of a traffic police officer

The behavior of traffic police officers and all substructures (for example, traffic police) is regulated by regulations, deviation from which threatens employees with disciplinary, administrative, and sometimes criminal liability.

Here are a few basic provisions that a driver needs to know in order to be able to protect himself and his benefits:

The regulations oblige all traffic police officers to be polite and friendly. Rude treatment of a citizen, even if he has committed an offense, is considered unacceptable and may result in disciplinary punishment. If you have exceeded the speed limit, and a law enforcement officer, in addition to drawing up a protocol, has also been rude to you, then feel free to write a complaint about his actions to your superiors.
The main function of the traffic police is to maintain law and order and ensure safety on the roads. They cannot take actions that exceed the boundaries of their authority.
Any citizen can contact the service for advice. This is done using special numbers. They must also maintain a polite, correct tone when conducting a conversation.
Before asking or demanding anything from the driver, each employee must introduce himself, state his rank and position. The driver must also be informed of the reason for the stop.
If an employee takes immediate sanctions (takes a car to an impound lot, draws up a report of an offense, stops a drunk driver), he is obliged to explain to the driver his rights and obligations, even if they seem obvious.
A traffic police officer cannot force the driver to get out of the car or take him out of there by force, except in cases where he tries to resist, or if his presence in the car can harm the life and health of other passengers.
Identification and protocols must be presented to the driver upon request. At the same time, the employee is not obliged to hand over the papers to the citizen.
The road service employee is obliged to clarify his actions orally upon request;
The regulations also prohibit employees of the traffic police, traffic police and other substructures from indulging in moral lectures and “reading morals.” The driver should only learn about his offense, with references to the legislative acts that govern such legal relations.
In response to an aggressive, agitated reaction on the part of the driver, the service worker must behave calmly, giving a warning to the citizen. Further clarification of the consequences is also necessary. If after this the subject does not calm down, the employee can move on to more decisive actions.
A citizen has the right to take photos and videos of what is happening. An employee can also make a recording.
The traffic police as a body manages many functions, ranging from traffic regulation to emergency capture of criminals if necessary, so its range of powers is quite wide.

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How can an employee exceed his authority?

The reason for a complaint against a traffic police inspector may be a violation of his powers, but the employee’s illegal behavior can also be different.

If the inspector was forced to violate the regulations in order to stop an offense (or crime), then he will not be held accountable.

If the violation occurred during the standard procedure, the citizen did not resist and followed all the inspector’s instructions, then any deviations from the protocol may become grounds for a complaint or even a lawsuit.

In addition, violations by employees can be divided into disciplinary, administrative and criminal.

The first group includes: insults to road users, violations of regulations, failure to fulfill their official duties.
The second group includes abuse of power, failure to fulfill duties, which led to damage to property.
The third group includes abuse of power associated with violence against the driver, bribery, and gross violation of regulations.

Rules for filing a complaint against the determination of a traffic police inspector

Next, we will analyze how to file a complaint against a traffic police inspector and how to prepare certification materials. All the evidence against the traffic police officer that is available, for example, a video recording from the registrar or an audio recording of a conversation on a voice recorder, eyewitness testimony - all of the above can be attached to the materials of the case against the traffic police inspector.

In the case of video or audio recordings, you can transfer them to a flash drive and attach it to the complaint. Testimony against a traffic police inspector requires separate documentation. In your appeal, you need to refer to a conditional person, indicate his name, surname and other information, incl. residential address, you need to request a survey of the person concerned. Describe what facts and events the designated citizen can confirm that he is related to the current situation.

In court, an official should be involved to question the witness. You can ask leading questions yourself, but only the testimony that will be provided by the witness with the participation of the court will be taken into account as evidence. The content of the complaint must be formulated clearly. All relevant facts have been mentioned. Emotional overtones of actions or events should be avoided.

In the header of the application, indicate the judicial authority to which the document is sent, the postal and actual address of the government institution. Next, information about the citizen who is filing the complaint - full name, place of actual residence, postal code, telephone number. Next, in the middle, write the name of the document “Complaint”, and then proceed to the content, in which the incident should be described, including all unlawful actions of the inspector.

In describing the conflict that occurred, it is worth adhering to certain rules:

the emotional coloring of events interferes with a real analysis of the situation. If the plaintiff describes the events, avoiding the exact facts, his pardon will not be analyzed, due to the fact that the court needs compelling reasons to punish the civil servant;
It's worth sticking to the facts. Move from one to another without assigning a qualitative assessment to the actions. The accusation must be substantiated and the arguments proven with the help of an application. For example, a traffic police officer conducted an unlawful search of the plaintiff’s vehicle. Security cameras in the car recorded this. In this case, you can claim that there was an illegal search of the trunk of the car. In circulation, you need to move from one fact to another in chronological order;
at the end of the document - full name, date, and signature.

On what grounds can you file a complaint?

When it comes to filing a complaint, you need to distinguish between a person as an individual and as a traffic police officer. A complaint against a person as an individual, a citizen, is filed if he has committed an offense that is not related to his professional activity and without using the benefits that flow from his profession.

If an employee has committed a crime that is based on his work, then a complaint must be filed against him as a person working in the traffic police.

The grounds for a complaint may be:

Violations of procedures or regulations.
Incorrect (according to the applicant) drawing up of the protocol.
Insults, aggression or violence from an employee.

It is important to remember that it is possible to appeal against an insult to a person working in the traffic police as an insult inflicted by a person on duty only during the performance of his official duties.

A citizen must formulate the grounds for his accusation as specifically as possible, based on the actions of the inspector, preferably with references to regulations and legislative acts. The greater the material base, the greater the likelihood of resolving the issue in favor of the driver.

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And here’s how to file a complaint with the traffic police for violating traffic rules.

Sample complaint against a traffic police officer to his senior management

There is no general application form for a complaint to the boss of the offending employee.

When writing, you should rely on Article 131 of the Code of Civil Procedure of the Russian Federation, which describes how the application should look like.

First of all, remember that a complaint is written in the same way as a statement and should consist of three main parts:

Introductory. This includes the “header” of the document. Be sure to find out the full name of the body where you are filing the complaint, and the initials of the chief. Don't forget to include your full name, residential address and contact phone number. After the “header”, in the middle of the line, write the name of the document, without quotes and a period – in our case, “Complaint”.
Content, or main part. Here you must reveal the whole essence of your appeal. Indicate all information regarding illegal actions or inactions of the traffic police officer, enter all his data that you know.
Final. Don't forget about the documentation base here. Indicate where you have already contacted to solve the problem, who witnessed the violation, what materials are available - these could be photographs, videos or audio recordings. It is better to include all documents in a list. At the end, be sure to put your date and signature with a transcript.

Examples of complaints to senior management of a traffic police officer:

Expert opinion

Zakharov Viktor Yurievich

Practicing lawyer with 8 years of experience. Specialization: family law. Recognized legal expert.

1) Complaint regarding illegal actions:

When writing in the header of the document, indicate the full name of the boss and the name of the department to which you are applying.

You can also simplify the form without specifying your requirements - as, for example, in court, you just need to write: “I ask you to look into this situation and bring the offender to justice.”

2) Complaint about the inaction of a traffic police officer:

3) Complaint about an administrative violation:

What documents and materials are needed to submit an application?

The first step is to write the appeal itself. A sample complaint against the actions of a traffic police officer can be found on our website.

There are several main points that must be taken into account when drawing up a complaint:

Details of the applicant (his last name, first name and patronymic, postal address, telephone number) and details of the recipient (about the traffic police department where the offender works).
All known information about the employee who violated the regulations or showed disrespect to the driver. If the subject has reason to believe that he may have been given false information, this must be indicated here.
If the victim managed to find out the license plates of the car and the employee’s chest plate, then they must be indicated. A citizen has the right to demand from an employee the opportunity to clarify these numbers.
A detailed and specific description of all events that occurred. It is necessary to rely only on factual circumstances, without expressing one’s own emotions (with the exception of cases of insult, in which case a citizen can also rely on subjective factors).
At the end you must leave the date, full name and signature.

Evidence when filing a complaint against a traffic police officer may include:

Recordings from the DVR (supplied on disk).
Written testimony of witnesses (preferably not those who were traveling in the same car with the applicant, but they are also possible).
Copies of the protocol (if available).
Photos and video files taken using any available means, audio recordings of conversations;
Expert testimony (beatings).

Subtleties of filing and considering a complaint

Many people believe that passengers traveling in a car cannot be witnesses, since the court will consider them interested parties. But by law they can be used in any case. Therefore, if a traffic police inspector violated the law, insulted the driver, or was disrespectful in the presence of passengers, then their testimony can be used in court.

The application shall indicate all data relating to the violation of the law. Attached to it is a list of papers referenced in the complaint. They are numbered and described in advance. An application with a list of documents can be sent by registered mail, or delivered in person.

The package of documents must be accompanied by a receipt for payment of the state fee for sending the complaint. The payment amount is set by law at 15% of the minimum wage.

The driver must be aware of the laws and regulations so that he can protect himself if necessary. Traffic police officers must uphold the law and prevent violations. But practically the opposite is often true. In this case, the driver has the right to complain about the illegal actions of the traffic police inspector.

Where and when to file a complaint

So, let’s figure out where to complain to the traffic police. First of all, to resolve the conflict, it is worth using pre-trial methods. The traffic police has its own “helpline” or “call center”, to which any citizen can submit an oral appeal.

Unfortunately, employees of this service do not always actually transfer all complaints to their superiors, but recording conversations (which the citizen must be warned about before starting the conversation) has significantly improved the statistics.

In addition, an alternative solution to the problem outside the courtroom may be to contact the employee’s place of work, if the victim knows a specific department. In this case, the citizen has the right to a written response to his appeal indicating whether the employee was punished, and if so, how exactly.

Most often, the response to a complaint is to deprive the inspector of his bonus, give him a written or verbal reprimand, or send him to courses or recertification.

Sometimes an employee may be forced to apologize to the victim, but this happens extremely rarely and most often so that he can avoid another punishment and the complaint is canceled.

Litigation regarding violations by traffic police officers is the last resort that is possible in the event of problems in legal relations.

Such offenses will be considered by the administrative court in a general instance manner (starting from the first instance). In such disputes, the inspector acts as a third party, and the defendant will be the traffic police organization itself.

Rules for writing and samples of complaints against a traffic police officer to the prosecutor's office and court

A statement to law enforcement agencies or a court is almost the same.

Take into account the requirements listed in Articles 131-132 of the Civil Code of the Russian Federation, and follow these rules when writing a complaint:

At the beginning, on the upper right side of the sheet, indicate the full name of the institution or authority you are applying to. Don't forget to include your address and contact information.
Describe briefly but clearly what happened. Enter all the necessary information.
Indicate what damage was caused due to the violation.
Describe where you have already applied and to what authorities.
State your requirements.
Prepare a documentation base, list all the materials confirming what happened.

Sample application to the prosecutor's office:

Examples to court:

Writing an application to the court and prosecutor's office is a complex process. The main thing is to write a statement without errors, corrections, with a full description of the violation that occurred.

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